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Discussion in 'RayGator's Swamp Gas' started by swg8trgr8, Nov 20, 2013.
If it was consensual, why not bring it up?
So if she was willing why would he not use a rubber?
Even if this happened, it could still be rape. Let me try to explain.
The consent defense in rape, at least in California (but I imagine also in Florida), is twofold. To defend against a charge of rape, the defendant has to first show the victim "actually consented" - this just means that the victim voluntarily & knowingly agreed to the sex act. However, a defendant must also show that the victim had the capacity to "legally consent" - this just means that the victim was of such a state of mind that she could properly give "actual consent". Under the law, intoxication (sometimes depending on the degree of intoxication) impairs one's ability to "legally consent."
In other words, and speaking purely hypothetically, even if the alleged victim in the Jameis Winston said "yes", if she was drunk then Winston's attorney would need to show she wasn't so intoxicated that her ability to "legally consent" to sex was impaired. Thus, the alleged victim may have actually said "yes" to Jameis, but he could still be charged with (and convicted of) the crime of rape (dependent upon how intoxicated she was).
Think of it in the context of statutory rape. Even where a minor rape victim says "yes" and is a willing participant in a sex act, courts have found that minors lack the capacity to "legally consent" to sex.
On that note, I'm off to bed. It's midnight here on the West coast. Hopefully that made sense, I'm not the best at explaining this stuff. :nervous smile:
To all those saying FSU must suspend him even if he is just charged with the crime, I'm just going to bold one snippet above and hang up and listen.
Uh oh... I bet that "absent extraordinary circumstances as determined by the administration" is code for "win at all costs, beating the dreaded Gators and winning championships."
Wasn't one of the points the attorney for the family made in the statement that came out today that her tests showed she was not intoxicated?
If he plays in Gainesville can you imagine how ugly some of the fan exchanges could be?
In this day and age we live in, there is always a paper trail. I will reserve judgment on my opinion if Winston is guilty, because if the roles were reversed FSU fans would be all over a Gator in the same situation. I am guessing there are text's, pic's, etc...that will prove this case one way or another. The way kid's communicate today is much different than even 10 years ago. If Winston did something, I would bet a dollar or two he texted someone, took a picture of something, etc...The same with the girl involved. With today's technology, we have so many more ways to nail someone. I fully believe this case will be resolved with one party proven to be a complete liar.
Yes, her being intoxicated was a fabrication by TPD.
Here's the victim's recent statement:
She called the police the night/morning of the event. So it could have been consensual but it didn't take her long to think it wasn't and not act on it.
Sent from my iPhone using GatorCountry
In Clown Town? I'm not so sure about that. They'll do their best to intimidate the victim first hoping she'll back down. It's already happened with that clown from TPD. Watch how many people are ready to rush to defend Shame-us Jameis.
WOW. Very sad if true. Always hate seeing someone ruin their life over a poor decision; especially one of this magnitude and distaste if true.
Kidding right. Have seen how many kids these guys have. C'mon .
Will make for interesting signs at the game. Assuming signs are allowed in games anymore.
From what I read in the Florida law, the victim's sexual history can't be used in rape defense. Consent doesn't matter because the alcohol prevented her from having the capacity to consent.
That should be correct.
Supposedly a report exists with pictures which indicate that the victim was choked & bruised. I don't remember reading this, but can't find links to the reports I previously saw.
'Extraordinary circumstances' to FSU Admin.=
1. playing the Florida Gators;
2. playing for a BCS berth;
3. playing for a better bowl or (to get into any bowl);
4. starting in an important position on the FB team, for any of the above;
5. no one died.
I'm working on my jabs as we speak.
Mods.... can we combine the Winston threads please????
Exactly. He and his laweyer banked on TPD being able to successfully bury the story, rather than preparing for a defense that might hold water in a Court of law.